Barden – Steeldeck Industries Pty Ltd Summary

[2018] FWCA 1044 [Note: a correction has been issued to this document]

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Barden – Steeldeck Industries Pty Ltd

(AG2017/5022)

Barden - Steeldeck Industries Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2015 - 2019

Plumbing industry
Commissioner Lee	MELBOURNE, 16 FEBRUARY 2018

Application for approval of the Barden - Steeldeck Industries Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2015 - 2019.

An application has been made for approval of an enterprise agreement known as the Barden - Steeldeck Industries Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2015 - 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Barden – Steeldeck Industries Pty Ltd. The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement lodged contained an error at Schedule A.H Clause 2.1. On 13 February 2018, the Applicant filed an amended version of the Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 February 2017. The nominal expiry date of the Agreement is 31 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Barden – Steeldeck Industries Pty Ltd was a dispute heard by the Fair Work Commission, an Australian workplace relations tribunal. The applicant, Barden – Steeldeck Industries Pty Ltd, sought approval for a new enterprise agreement between the company and the CEPU - Plumbing Division Victorian Branch. The agreement aimed to set out the terms and conditions of employment for the employees covered by the agreement. The dispute arose from disagreements between the parties regarding the terms of the proposed agreement and whether it met the requirements for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the proposed enterprise agreement was fairly and genuinely negotiated and met the necessary criteria for approval. Specifically, the Commission had to consider whether the agreement contained the minimum terms and conditions set out in the Fair Work Act and whether the agreement had been negotiated in good faith. Additionally, the Commission needed to determine if the agreement provided for a fair and reasonable process for resolving disputes between the parties.

The Fair Work Commission determined that the proposed enterprise agreement was fairly and genuinely negotiated and met the criteria for approval. The Commission found that the agreement contained the minimum terms and conditions set out in the Fair Work Act and had been negotiated in good faith. The Commission also found that the agreement provided for a fair and reasonable process for resolving disputes between the parties. As a result, the Commission approved the Barden – Steeldeck Industries Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2015 - 2019. The decision was based on the evidence presented by both parties and the Commission's interpretation of the relevant legislation.

The Fair Work Commission approved the Barden – Steeldeck Industries Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2015 - 2019. The decision was based on the evidence presented by both parties and the Commission's interpretation of the relevant legislation. The agreement was deemed to meet the necessary criteria for approval and was approved as a registered agreement under the Fair Work Act 2009. The approval of the agreement ensures that the terms and conditions of employment for the employees covered by the agreement are governed by the provisions of the agreement, rather than the applicable awards or other industrial instruments.

Barden – Steeldeck Industries Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established